By Eric Schweibenz and John Presper
On October 10, 2018, ALJ MaryJoan McNamara issued Order No. 2 in Certain Sleep-Disordered Breathing Treatment Mask Systems and Components Thereof (Inv. No. 337-TA-1134).

By way of background, this investigation is based on an August 31, 2018 complaint filed by ResMed Corp. and ResMed Inc. of San Diego, California, and ResMed Ltd. of Australia alleging violation of Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling within the U.S. after importation certain sleep-disordered breathing treatment mask systems and components thereof that infringe one or more claims of U.S. Patent Nos. 9,119,931 (“the ’931 patent”), 9,027,556 (“the ’556 patent”), 9,962,511 (“the ’511 patent”), 9,962,510 (“the ’510 patent”), and 9,937,315 (“the ’315 patent”). See our August 31, 2018 and October 2, 2018 posts for more details on the complaint and Notice of Investigation, respectively.

According to Order No. 2, ALJ McNamara set March 4, 2020 as the target date for completing the investigation (which is approximately 17 months after institution of the investigation). ALJ McNamara further noted that any final initial determination will be due November 4, 2019.